HowUdish Terms of Service
Welcome to the web site of HowUdish™, a service that allows users to find dishes most likely to fit within their personal diet(s) (the “Service”). It is owned and operated by Felix Culpa Publishing, LLC.
The Service contains information, data, applications, graphics, editorial and other content accessible by Members, and graphic files, audio files, video files, information, data, editorial, and certain other material and features accessible to premium Members (collectively, the “Content”).
By your use of the Service and the Content you agree to be bound by the following Terms of Service. HowUdish may revise these Terms of Service from time to time without prior notice and, by using this site and any software associated with this site after any revision of these Terms of Service, you agree to be bound by such changes. This creates a binding legal agreement, so please read them carefully. If you find these Terms of Service to be unacceptable, you must immediately terminate your use of this site and any associated software and/or applications.
1. General Terms and Conditions
1.1 You may use the Service only for your personal use. Subject to section 1.2 below, the Service is not intended for or licensed for any commercial use, and such use is specifically prohibited. We reserve the right to cancel any or all of the Service at any time.
1.2 HowUdish welcomes commercial use of HowUdish by small businesses and organizations for the limited purpose of sharing photos of food available at your small business; encouraging customers to frequent healthy meals at your business; creating guides including foods created by your business; and hosting competitions to promote your business or event. Any other commercial use must be approved in advance by HowUdish. We do not permit commercial users to incentivize other users to rate, fave, save, rate their foods on HowUdish. Please contact us at HowUdish.com with a description of your intended use.
1.3 The download of the whole or significant portions of any functionality of the Service, or any part of the Service is prohibited. Online or other republication of content is prohibited. Violation may result in immediate termination of membership and may result in legal action for injunction, damages, or both.
1.4 HowUdish.com,” “HowUdish,” and other trademarks on this Web site are trademarks of Felix Culpa Publishing, LLC, or its affiliates or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of HowUdish. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of HowUdish, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of HowUdish. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Web site are the property of their respective owners.
2. Registration and Security
1.5 As part of the registration process, you may either register with your Facebook® account or provide your full name, email address, and a password. If you consent, you also will provide your current weight, your target weight, and your location. You understand that you may not (i) select or use a name of another person with the intent to impersonate that person; or (ii) use a name that we, in our sole discretion, deem offensive.
1.6 (a) You shall notify us by e-mail at support@HowUdish.com of any known or suspected unauthorized use(s) of your membership, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or account information. (b) You will be responsible for maintaining the confidentiality of your password. You never will be required to reveal your password to any representative or agent of HowUdish, its owners or agents.
1.7 You must be 18 years or older to become a member of the Service and/or to use the Service.
1.8 Account termination. You may deactivate your account at any time by contacting support@HowUdish.com. If you deactivate your account, we will use commercially reasonable efforts to stop displaying your profile on the Service, but may continue to display your content for a limited period of time.
3. Fees and Payments
1.9 Although the Service currently is free, membership fees may be charged for our premium services If you become a premium Member, you agree that membership in the Service is on a continuous service basis. Payment will be charged to your account at confirmation of purchase by our third-party payment processor, currently Apple Pay. Your account will be auto-renewed and charged the then-applicable subscription price within twenty-four (24) hours prior to the end of the current period. Subscriptions may be managed and auto-renewal may be turned off by going to the account settings screen in the Apple payment app on your device after purchase. No cancellation of the current subscription is allowed during active subscription period.
4. Advertising and Promotional Emails
1.10 In consideration for providing you the Service, you agree that we and our third party providers and partners may place advertising on our Service or in connection with the display of content or information on our Service. The types and extent of advertising on the Service are subject to change over time. Certain features of our Service may be subject to additional terms or conditions, which will be posted with those features.
1.11 The Service may send promotional emails to notify Members of upgrades and new features, through the email company MailChimp, an email marketing company. At any time you may elect to opt-out of these e-mails. The Service also may use Facebook to send advertising to Members who use Facebook.
5. About Copyright – IMPORTANT!
1.12 You acknowledge that the Service, any underlying technology used in connection with HowUdish, and all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data (collectively, the “Content”) available within the HowUdish site are provided by HowUdish or third-party providers and are the copyrighted works of HowUdish and/or such third parties. Content is owned or licensed by HowUdish and/or third parties and is protected under copyright, trademark, and other proprietary and intellectual property right laws.
1.13 HowUdish grants you a limited right/license that is non-exclusive and not transferable, to access, privately display, and use the Content, including any and all Content provided to you, for your personal use only provided that you agree to and comply fully with this Agreement. Except as set forth, you may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, broadcast, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content or the Service, in whole or in part. You may not store any significant portion of any Content or the Service owned by, or licensed to HowUdish in any form, whether archival files, computer-readable files, or any other medium. You also may not “mirror” any Content or the Service on any other server.
1.14 As part of its Service, HowUdish allows premium Members and Users of “Dish Together” to post dish images, comment and like other posts, create posts, connect and follow/be followed, and chat in-app to other users. HowUdish claims no ownership rights in any content, editorial matter, image or file uploaded to the Service by you. For the sole purpose of displaying your files to recipients designated by you, you grant to HowUdish a non-exclusive, royalty-free license to copy and/or distribute these files through the Service and when you post content in the discussion forums, you permit this site to display and distribute the content, and to use it for advertising and promotion.
1.15 YOU AGREE TO SUBMIT ONLY CONTENT AND IMAGES OWNED BY YOU AND THAT WILL NOT VIOLATE THE PROPERTY OR OTHER RIGHTS OF OTHER PEOPLE OR ORGANIZATIONS. You hereby acknowledge that content, including images, even if submitted to a site of which you are a member, belongs to the creator or author of the content and you should not reproduce it without permission of the owner. (For example, you may not upload an image of yourself unless you have the permission of the photographer who took your picture – this is because, although you may have physical ownership of the print or graphic file, the copyright is owned by the person who created the image.)
1.16 In compliance with the Digital Millennium Copyright Act, signed into law on October 28, 1998, HowUdish has a policy of terminating the accounts of users who are alleged to have infringed a copyright, and has appointed an agent for notification of claimed infringement with the U.S. Copyright Office. For further information, see our DMCA Policy.
1.17 Submissions and/or Communications. Any communications, submissions, and any other material, including, but not limited to, company information, suggestions, ideas, drawings, concepts, feedback, comments, or other information shall not be subject to any obligation of confidentiality whatsoever by HowUdish. DO NOT POST PRIVATE OR CONFIDENTIAL MATERIAL. HowUdish shall not be liable for any use or disclosure of any such submissions or communications. HowUdish reserves the non-exclusive right to edit, copy, publish, and distribute any information or content you transmit or submit to it for any purpose whatsoever
6. Your Privacy
7. Acceptable Use For Social Media Features
1.18 Always treat other Members with courtesy and respect when posting messages on the Service. No unnecessary name calling or abuse toward any subscriber is allowed.
1.19 Content of Member’s Materials. HowUdish may monitor a Member’s uploaded files, and other material, but does not exercise any editorial control over the content of any material that the Member uploads into HowUdish’s Service. However, HowUdish reserves the right to remove any and/or all of the Member’s material from HowUdish’s service that are, in HowUdish’s sole discretion, potentially illegal, a violation of trademark and/or copyright, obscene, indecent, defamatory, incites racial or ethnic hatred, violates the rights of others or otherwise violates the acceptable use policy stated below in this Agreement. Users may flag inappropriate comments/posts, and images. Upon removal of the material, HowUdish shall notify Member of the removal of the materials, as well as the reason for removal. In no instance shall HowUdish be liable for the removal of the materials. HowUdish reserves the right to immediately terminate its service to Member for any flagrant or repeat violations of this Agreement.
1.20 Non-Acceptable and Prohibited Uses. Incidents and uses that may cause your account to be terminated include, but are not limited to:
- Uploading or transmission of any trojans, worms, viruses or any code of a destructive or spying nature.
- Removing any proprietary notices or label on any Content, or using the Service in conjunction with any device or service designed to circumvent technological measures employed to control access to, or the rights in, any Content or other work protected under copyright laws.
- Uploading of transmission of any file or content that harm minors in any way, including any form of child pornography.
- Uploading or transmission of any file or content that spreads messages of terror or depicts torture or death-images.
- Uploading or transmission of files intended to threaten or harass any individual or organization.
- Using the Service for any purpose other than which it is intended.
- Using the Service for submission, generation or inclusion of unsolicited bulk email or other forms of email abuse (i.e. SPAM).
- Using the Service for advertising, trading of goods or services, or other commercial use except as permitted by HowUdish.
- Attempting to impersonate any person, using forged headers or other identifying information in a defamatory way.
- Uploading any programs that may cause a disruption to the Service.
- Any action that violates the laws of applicable local, state, federal or international governmental bodies.
- Sharing the account with anyone or re-selling the Service without express written permission from HowUdish.
1.21 HowUdish will cooperate with any and all appropriate legal authorities in investigating claims of illegal activity, including, but not limited to illegal transfer or use of copyrighted material or other illegal activity. HowUdish reserves the right to monitor or view material uploaded by Member onto HowUdish’s service at any time for the purpose of ensuring compliance with this Agreement.
8. HowUdish’s Liability
HowUdish is not engaged in rendering health or dietary advice. HowUdish is not a medical or health services organization. Neither our Website, nor our staff, can provide diagnosis or medical advice, and nothing we do and no element of the Website should be construed as such. The restaurant dishes and recipes provided on the site and related applications are not a substitute for physician consultation, evaluation or treatment. You should always check with your physician to be sure that any recipe, food, dietary regime or other products or services offered by HowUdish are appropriate for you and will not cause an allergic reaction based on your personal medical history. HowUdish, therefore, disclaims any and all liability for any loss, damage, or injury based on information directly or indirectly obtained through the Website. Recommendations regarding fitness of any restaurant dish for any specific diet are based on finding the closest fit recipe the application’s algorithms, combined with user feedback about the dish being diet appropriate.
HowUdish is not responsible for information and content provided by unaffiliated third-party vendors such as Single Platform, BigOven, Foursquare, and any other food/recipe application or service.
9. Disclaimer Of Warranty And Limitations Of Liability
HOWUDISH AND THE SERVICE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE, AND NON-INFRINGEMENT. IN NO EVENT WILL HOWUDISH, FELIX CULPA PUBLISHING, LLC, OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF HOWUDISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS HOWUDISH OR USE THE SERVICE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO HOWUDISH’S RECORDS, PROGRAMS, OR SERVICES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SERVICE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES HOWUDISH’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
1.22 Links. The Service may contain links through advertising and otherwise to third party websites and other resources. These links are made to websites that are not under the control of, reviewed, monitored, or endorsed by HowUdish, and as such HowUdish is not responsible or liable for any information, content, or any other materials of any linked website. Such links are provided for convenience purposes only. You agree that you are solely responsible and liable for any interactions you may have with such linked websites, their sponsors, owners, or other third-parties. You acknowledge and agree that HowUdish shall not be responsible or liable, both directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused by or in connection with the use of or reliance upon any such third party goods or services, or content, available through linked websites.
1.23 Indemnity. You shall indemnify, hold harmless, and defend, at your own expense, HowUdish, its affiliates, officers, directors, employees, members, contractors, agents, suppliers, and representatives against any claim, suit, actions, demands, liabilities, expenses, including without limitation, reasonable attorney’s fees, or any proceeding brought against HowUdish which arises out of, results from, or is related to any breach made by you of this Agreement, or of any claim of defamation, invasion of privacy, right of publicity, infringement of intellectual property or other proprietary rights relating to your use of the Service.
1.24 Governing Law. This Terms of Service Agreement shall be governed by and construed in accordance with the laws of the State of New York, U.S.A. applicable to agreements executed and fully performed therein. It is agreed that New York courts (state and federal) only, will have jurisdiction over any controversies regarding this Agreement; any action or proceeding which involves such a controversy will be brought only in those courts the federal Southern District of New York or in Queens County, New York.
1.25 Severability. If any provision of this Agreement is determined by any court of competent jurisdiction to be unenforceable, such provision shall be interpreted to have the broadest application as shall be enforceable. The unenforceability of any particular provision of this Agreement shall not affect any other provision hereof, which shall continue in full force and effect.
1.26 Amendment of Agreement. HowUdish reserves the right, at its sole discretion, to update, change, modify, add or remove any portion of this Agreement from time to time on an as-needed basis by placing an update of this Agreement on-line at HowUdish’s web site at this location or at any other location designated at said site. Changes to this Agreement will be effective when posted. You agree to periodically review these Terms of Service to be aware of any changes. By continuing to use the Services after any change has been made, you agree to be bound by subsequent revisions to the Agreement.